Senate Bill sb0140

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    Florida Senate - 2005                                   SB 140

    By Senator Geller





    31-127A-05

  1                      A bill to be entitled

  2         An act relating to energy efficiency standards;

  3         providing legislative findings; providing

  4         definitions; providing that the act applies to

  5         specified types of new products sold, offered

  6         for sale, or installed in this state; requiring

  7         the Department of Environmental Protection, in

  8         consultation with the Public Service

  9         Commission, to adopt rules establishing minimum

10         efficiency standards for specified products;

11         specifying minimum efficiency levels for those

12         standards; setting implementation deadlines;

13         authorizing the Department of Environmental

14         Protection to revise rules to increase

15         efficiency levels for specified products over

16         minimum standards when energy conservation is

17         promoted and cost-effective; providing for a

18         delayed effective date; requiring the

19         department to adopt nationally recognized

20         procedures for testing the efficiency of

21         specified products if the procedures are not

22         provided for in the state building code;

23         requiring manufacturers of specified products

24         to certify compliance with the act; requiring

25         the department to adopt rules governing the

26         identification and certification of specified

27         products; authorizing the department to use an

28         accredited testing facility; requiring the

29         department to charge the manufacturer for

30         noncompliant products and to provide

31         information to the public about noncompliant

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    Florida Senate - 2005                                   SB 140
    31-127A-05




 1         products; authorizing the department to conduct

 2         periodic inspections of distributors or

 3         retailers; requiring the department to

 4         investigate complaints and report the results

 5         to the Attorney General; authorizing the

 6         Attorney General to initiate civil proceedings

 7         to enforce the act; providing for penalties

 8         against a manufacturer, distributor, or

 9         retailer in violation of the act; providing for

10         a warning for first-time violations;

11         authorizing the department to adopt additional

12         rules; providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Legislative findings.--The Legislature

17  finds that:

18         (1)  Efficiency standards for certain products sold or

19  installed in the state assure business and residential

20  consumers that such products meet minimum efficiency

21  performance levels, thus saving money on utility bills.

22         (2)  Such efficiency standards save energy and thus

23  reduce pollution and other environmental impacts associated

24  with the production, distribution, and use of electricity and

25  natural gas.

26         (3)  Such efficiency standards can make electricity

27  systems more reliable by reducing the strain on the electric

28  power grid during peak demand periods. Improved energy

29  efficiency can reduce or delay the need for new power plants,

30  new power transmission lines, and upgrades to the power

31  distribution system.

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    Florida Senate - 2005                                   SB 140
    31-127A-05




 1         (4)  Energy efficiency standards contribute to the

 2  economy of the state by enabling business and residential

 3  consumers to spend less on energy, leaving more capital

 4  available for the purchase of local goods and services.

 5         Section 2.  Definitions.--As used in this act, the

 6  term:

 7         (1)  "Commercial clothes washer" means a soft mount

 8  front-loading or soft mount top-loading clothes washer that is

 9  designed for use by more than one household, such as in

10  multifamily housing common areas, coin laundries, or other

11  multifamily applications, and which has a clothes container

12  compartment no greater than 3.5 cubic feet for horizontal-axis

13  clothes washers or no greater than 4 cubic feet for

14  vertical-axis clothes washers.

15         (2)  "Commercial refrigerator and freezer" means a

16  reach-in cabinet, pass-through cabinet, roll-in cabinet, or

17  roll-through cabinet that has less than 85 cubic feet of

18  cooling space and is not a walk-in model or a consumer product

19  regulated under the National Appliance Energy Conservation Act

20  of 1987, Pub. L. No. 100-12.

21         (3)  "Department" means the Department of Environmental

22  Protection.

23         (4)  "Illuminated exit sign" means an internally

24  illuminated sign that is designed to be permanently mounted

25  and used to identify an exit. A light source illuminates the

26  sign or letters from within and the background of the sign is

27  not transparent.

28         (5)  "Large packaged air-conditioning equipment" means

29  packaged air-conditioning equipment with a cooling capacity of

30  240,000 Btu per hour or more.

31  

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    Florida Senate - 2005                                   SB 140
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 1         (6)  "Low voltage dry-type distribution transformer"

 2  means a distribution transformer that:

 3         (a)  Has an input voltage of 600 volts or less;

 4         (b)  Is between 14kVa and 2,501kVa in size;

 5         (c)  Is air-cooled; and

 6         (d)  Does not use oil as a coolant.

 7         (7)  "Packaged air-conditioning equipment" means

 8  air-conditioning equipment that is built as a package and

 9  shipped as a whole to the site of an end user.

10         (8)  "Pass-through cabinet" means a commercial

11  refrigerator or commercial freezer with hinged or sliding

12  doors on the front and rear of the refrigerator or freezer.

13         (9)  "Reach-in cabinet" means a commercial

14  refrigerator, commercial refrigerator-freezer, or commercial

15  freezer with hinged or sliding doors or lids, but excluding a

16  roll-in or roll-through cabinet or pass-through cabinet.

17         (10)  "Roll-in or roll-through cabinet" means a

18  commercial refrigerator or commercial freezer with hinged or

19  sliding doors that allows wheeled racks of product to be

20  rolled into or through the cooling space.

21         (11)  "Traffic signal module" means a standard 8-inch,

22  200 mm, or 12-inch, 300 mm, round traffic signal indication

23  that has a light source, lens, and all parts necessary to

24  communicate movement messages to drivers through red, amber,

25  and green colors, which may include arrow modules in the same

26  colors to indicate turning movements.

27         (12)  "Transformer" means a device consisting of two or

28  more coils of insulated wire that transfers alternating

29  electric current by electromagnetic induction from one coil to

30  another in order to change the original voltage or current

31  value.

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    Florida Senate - 2005                                   SB 140
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 1         Section 3.  Scope.--

 2         (1)  This act applies to the testing, certification,

 3  and enforcement of efficiency standards for the following

 4  types of new products sold, offered for sale, or installed in

 5  the state:

 6         (a)  Commercial clothes washers;

 7         (b)  Commercial refrigerators and freezers;

 8         (c)  Illuminated exit signs;

 9         (d)  Large packaged air-conditioning equipment;

10         (e)  Low voltage dry-type distribution transformers;

11  and

12         (f)  Traffic signal modules.

13         (2)  This act does not apply to:

14         (a)  New products manufactured in the state and sold

15  outside the state;

16         (b)  New products manufactured outside the state and

17  sold at wholesale inside the state for final retail sale and

18  installation outside the state;

19         (c)  Products installed in mobile manufactured homes at

20  the time of construction; or

21         (d)  Products designed expressly for installation and

22  use in recreational vehicles.

23         Section 4.  Efficiency standards.--By January 1, 2006,

24  the department, in consultation with the Public Service

25  Commission, shall adopt rules, in accordance with chapter 120,

26  Florida Statutes, establishing minimum efficiency standards

27  for the types of new products set forth in section 3. The

28  rules shall provide for the following minimum efficiency

29  standards:

30         (1)  Commercial clothes washers shall meet the

31  requirements shown in Table P-3 of section 1605.3 of the

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    Florida Senate - 2005                                   SB 140
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 1  California Code of Regulations, Title 20: Division 2, Chapter

 2  4, Article 4: Appliance Efficiency Regulations which took

 3  effect on November 27, 2002.

 4         (2)  Commercial refrigerators and freezers shall meet

 5  the August 1, 2004, requirements shown in Table A-6 of section

 6  1605.3 of the California Code of Regulations, Title 20:

 7  Division 2, Chapter 4, Article 4: Appliance Efficiency

 8  Regulations which took effect on November 27, 2002.

 9         (3)  Illuminated exit signs shall meet the product

10  specification (Version 2.0) of the "Energy Star Program

11  Requirements for Exit Signs" developed by the United States

12  Environmental Protection Agency.

13         (4)  Large packaged air-conditioning equipment shall

14  meet the Tier 2 efficiency levels of the "Minimum Equipment

15  Efficiencies for Unitary Commercial Air Conditioners" and

16  "Minimum Equipment Efficiencies for Heat Pumps," developed by

17  the Consortium for Energy Efficiency in Boston, Massachusetts,

18  which took effect on July 1, 2002.

19         (5)  Low voltage dry-type distribution transformers

20  shall meet or exceed the energy efficiency values shown in

21  Table 4-2 of National Electrical Manufacturers Association

22  Standard TP-1-2002.

23         (6)  Traffic signal modules shall meet the product

24  specifications of the "Energy Star Program Requirements for

25  Traffic Signals," developed by the United States Environmental

26  Protection Agency, which took effect in February 2001.

27         Section 5.  Implementation.--On or after January 1,

28  2008, a new product of a type set forth in section 3 may not

29  be sold or offered for sale in the state unless the efficiency

30  of the new product meets or exceeds the efficiency standards

31  set forth in the rules adopted under section 4. On or after

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    Florida Senate - 2005                                   SB 140
    31-127A-05




 1  January 1, 2009, a new product of a type set forth in section

 2  3 may not be installed in the state unless the efficiency of

 3  the new product meets or exceeds the efficiency standards set

 4  forth in the rules adopted under section 4.

 5         Section 6.  Revised standards.--The department may

 6  adopt rules that increase efficiency standards for products

 7  listed in section 3 beyond the efficiency levels specified in

 8  section 4.  In considering such rules, the department shall

 9  consult with the Public Service Commission.  The rules must be

10  based on a determination that the increased efficiency levels

11  would promote energy conservation and be cost-effective for

12  consumers who purchase and use such products. A rule

13  establishing revised efficiency standards may not take effect

14  until 1 year after the rule is adopted. The department may

15  apply for a waiver of federal preemption, under 42 U.S.C. s.

16  6297(d), for those products regulated by the Federal

17  Government.

18         Section 7.  Testing, certification, labeling, and

19  enforcement.--

20         (1)  The department shall adopt procedures for testing

21  the energy efficiency of the products listed in section 3 if

22  such procedures are not provided for in the Florida Building

23  Code. The department shall use test methods approved by the

24  United States Department of Energy or, in the absence of such

25  test methods, other appropriate nationally recognized test

26  methods. The manufacturers of such products shall cause

27  samples of such appliances to be tested in accordance with the

28  test procedures adopted under this subsection or the Florida

29  Building Code.

30         (2)  Each manufacturer of the new products listed in

31  section 3 shall certify to the department that such products

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    Florida Senate - 2005                                   SB 140
    31-127A-05




 1  are in compliance with this act. The department shall adopt

 2  rules governing the certification of such products and may

 3  work in coordination with the certification program of other

 4  states with like standards.

 5         (3)  Each manufacturer of the new products listed in

 6  section 3 shall identify each product offered for sale or

 7  installed in the state as in compliance with this act by means

 8  of a mark, label, or tag on the product and packaging at the

 9  time of sale or installation. The department shall adopt rules

10  governing the identification of such products and packaging

11  and may work in coordination with the labeling programs of

12  other states with equivalent standards.

13         (4)  The department may test the products listed in

14  section 3 using an accredited testing facility. If products

15  tested do not comply with the minimum efficiency standards

16  established under section 4, or as revised under section 6,

17  the department shall:

18         (a)  Charge the manufacturer of such product for the

19  cost of product purchase and testing; and

20         (b)  Provide information to the public concerning

21  products found not to be in compliance with the standards.

22         (5)  The department may conduct periodic inspections of

23  distributors or retailers of the products listed in section 3

24  in order to determine compliance with this act. The department

25  shall work with the Department of Business and Professional

26  Regulation to coordinate inspections when such products are

27  also covered by the Florida Building Code.

28         (6)  The department shall investigate complaints

29  received concerning violations of this act and shall report

30  the results of such investigations to the Attorney General.

31  The Attorney General may institute civil proceedings to

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    Florida Senate - 2005                                   SB 140
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 1  enforce the provisions of this act. Any manufacturer,

 2  distributor, or retailer who violates this act shall be issued

 3  a warning by the department for a first violation. Repeat

 4  violations are subject to a civil penalty of not more than

 5  $250. Each violation constitutes a separate offense, and each

 6  day that such violation continues constitutes a separate

 7  offense. Penalties assessed under this subsection are in

 8  addition to costs assessed under subsection (4).

 9         (7)  The department shall adopt rules as necessary to

10  ensure the proper administration and enforcement of this act.

11         Section 8.  This act shall take effect upon becoming a

12  law.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Provides for the establishment of energy efficiency
      standards for specified new products sold or installed in
17    the state. Requires the Department of Environmental
      Protection, in consultation with the Public Service
18    Commission, to adopt rules establishing minimum
      efficiency standards for specified products. Specifies
19    minimum efficiency standards. Specifies implementation
      deadlines. Authorizes the department to adopt revised
20    standards to increase efficiency levels beyond minimum
      standards to promote cost-effective energy conservation.
21    Delays the effective date of such revised standards for 1
      year. Requires the department to adopt nationally
22    recognized procedures for testing the energy efficiency
      of specified products if the procedures are not provided
23    for in the Florida Building Code. Requires manufacturers
      of specified products to certify compliance with the act.
24    Requires the department to adopt rules governing the
      identification and certification of specified products.
25    Permits the testing of products with an accredited
      testing facility. Requires the department to charge the
26    manufacturer for noncompliant products and to provide
      information to the public about noncompliant products.
27    Authorizes the department to conduct periodic
      inspections. Requires the department to investigate
28    complaints and report the results to the Attorney
      General. Authorizes the Attorney General to initiate
29    civil proceedings to enforce the act. Provides for
      warnings and penalties. Authorizes the department to
30    adopt additional rules. (See bill for details.)

31  

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